Full Text of HB2688 96th General Assembly
HB2688enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 3.330 and by adding Section 39.8 as follows:
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| (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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| Sec. 3.330. Pollution control facility.
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| (a) "Pollution control facility" is any waste storage site, | 9 |
| sanitary
landfill, waste disposal site, waste transfer | 10 |
| station, waste treatment
facility, or waste incinerator. This | 11 |
| includes sewers, sewage treatment
plants, and any other | 12 |
| facilities owned or operated by sanitary districts
organized | 13 |
| under the Metropolitan Water Reclamation District Act.
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| The following are not pollution control facilities:
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| (1) (blank);
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| (2) waste storage sites regulated under 40 CFR, Part | 17 |
| 761.42;
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| (3) sites or facilities used by any person conducting a | 19 |
| waste storage,
waste treatment, waste disposal, waste | 20 |
| transfer or waste incineration
operation, or a combination | 21 |
| thereof, for wastes generated by such person's
own | 22 |
| activities, when such wastes are stored, treated, disposed | 23 |
| of,
transferred or incinerated within the site or facility |
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| owned, controlled or
operated by such person, or when such | 2 |
| wastes are transported within or
between sites or | 3 |
| facilities owned, controlled or operated by such person;
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| (4) sites or facilities at which the State is | 5 |
| performing removal or
remedial action pursuant to Section | 6 |
| 22.2 or 55.3;
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| (5) abandoned quarries used solely for the disposal of | 8 |
| concrete, earth
materials, gravel, or aggregate debris | 9 |
| resulting from road construction
activities conducted by a | 10 |
| unit of government or construction activities due
to the | 11 |
| construction and installation of underground pipes, lines, | 12 |
| conduit
or wires off of the premises of a public utility | 13 |
| company which are
conducted by a public utility;
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| (6) sites or facilities used by any person to | 15 |
| specifically conduct a
landscape composting operation;
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| (7) regional facilities as defined in the Central | 17 |
| Midwest Interstate
Low-Level Radioactive Waste Compact;
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| (8) the portion of a site or facility where coal | 19 |
| combustion wastes are
stored or disposed of in accordance | 20 |
| with subdivision (r)(2) or (r)(3) of
Section 21;
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| (9) the portion of a site or facility used for the | 22 |
| collection,
storage or processing of waste tires as defined | 23 |
| in Title XIV;
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| (10) the portion of a site or facility used for | 25 |
| treatment of
petroleum contaminated materials by | 26 |
| application onto or incorporation into
the soil surface and |
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| any portion of that site or facility used for storage
of | 2 |
| petroleum contaminated materials before treatment. Only | 3 |
| those categories
of petroleum listed in Section
57.9(a)(3) | 4 |
| are exempt under this subdivision (10);
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| (11) the portion of a site or facility where used oil | 6 |
| is collected or
stored prior to shipment to a recycling or | 7 |
| energy recovery facility, provided
that the used oil is | 8 |
| generated by households or commercial establishments, and
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| the site or facility is a recycling center or a business | 10 |
| where oil or gasoline
is sold at retail; | 11 |
| (11.5) processing sites or facilities that receive | 12 |
| only on-specification used oil, as defined in 35 Ill. | 13 |
| Admin. Code 739, originating from used oil collectors for | 14 |
| processing that is managed under 35 Ill. Admin. Code 739 to | 15 |
| produce products for sale to off-site petroleum | 16 |
| facilities, if these processing sites or facilities are: | 17 |
| (i) located within a home rule unit of local government | 18 |
| with a population of at least 30,000 according to the 2000 | 19 |
| federal census, that home rule unit of local government has | 20 |
| been designated as an Urban Round II Empowerment Zone by | 21 |
| the United States Department of Housing and Urban | 22 |
| Development, and that home rule unit of local government | 23 |
| has enacted an ordinance approving the location of the site | 24 |
| or facility and provided funding for the site or facility; | 25 |
| and (ii) in compliance with all applicable zoning | 26 |
| requirements;
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| (12) the portion of a site or facility utilizing coal | 2 |
| combustion waste
for stabilization and treatment of only | 3 |
| waste generated on that site or
facility when used in | 4 |
| connection with response actions pursuant to the federal
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| Comprehensive Environmental Response, Compensation, and | 6 |
| Liability Act of 1980,
the federal Resource Conservation | 7 |
| and Recovery Act of 1976, or the Illinois
Environmental | 8 |
| Protection Act or as authorized by the Agency;
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| (13) the portion of a site or facility accepting | 10 |
| exclusively general
construction or demolition debris, | 11 |
| located in a county with a population over
700,000 as of | 12 |
| January 1, 2000, and operated and located in accordance | 13 |
| with Section 22.38 of this Act; | 14 |
| (14) the portion of a site or facility, located within | 15 |
| a unit of local government that has enacted local zoning | 16 |
| requirements, used to accept, separate, and process | 17 |
| uncontaminated broken concrete, with or without protruding | 18 |
| metal bars, provided that the uncontaminated broken | 19 |
| concrete and metal bars are not speculatively accumulated, | 20 |
| are at the site or facility no longer than one year after | 21 |
| their acceptance, and are returned to the economic | 22 |
| mainstream in the form of raw materials or products;
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| (15) the portion of a site or facility located in a | 24 |
| county with a population over 3,000,000 that has obtained | 25 |
| local siting approval under Section 39.2 of this Act for a | 26 |
| municipal waste incinerator on or before July 1, 2005 and |
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| that is used for a non-hazardous waste transfer station;
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| (16) a site or facility that temporarily holds in | 3 |
| transit for 10 days or less, non-petruscible solid waste in | 4 |
| original containers, no larger in capacity than 500 | 5 |
| gallons, provided that such waste is further transferred to | 6 |
| a recycling, disposal, treatment, or storage facility on a | 7 |
| non-contiguous site and provided such site or facility | 8 |
| complies with the applicable 10-day transfer requirements | 9 |
| of the federal Resource Conservation and Recovery Act of | 10 |
| 1976 and United States Department of Transportation | 11 |
| hazardous material requirements. For purposes of this | 12 |
| Section only, "non-petruscible solid waste" means waste | 13 |
| other than municipal garbage that does not rot or become | 14 |
| putrid, including, but not limited to, paints, solvent, | 15 |
| filters, and absorbents;
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| (17)
the portion of a site or facility located in a | 17 |
| county with a population greater than 3,000,000 that has | 18 |
| obtained local siting approval, under Section 39.2 of this | 19 |
| Act, for a municipal waste incinerator on or before July 1, | 20 |
| 2005 and that is used for wood combustion facilities for | 21 |
| energy recovery that accept and burn only wood material, as | 22 |
| included in a fuel specification approved by the Agency; | 23 |
| and
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| (18)
a transfer station used exclusively for landscape | 25 |
| waste, including a transfer station where landscape waste | 26 |
| is ground to reduce its volume, where the landscape waste |
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| is held no longer than 24 hours from the time it was | 2 |
| received ; and | 3 |
| (19) the portion of a site or facility used to perform | 4 |
| limited testing of a gasification conversion technology in | 5 |
| accordance with Section 39.8 of this Act and for which a | 6 |
| complete permit application has been submitted to the | 7 |
| Agency prior to one year from the effective date of this | 8 |
| amendatory Act of the 96th General Assembly .
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| (b) A new pollution control facility is:
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| (1) a pollution control facility initially permitted | 11 |
| for development or
construction after July 1, 1981; or
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| (2) the area of expansion beyond the boundary of a | 13 |
| currently permitted
pollution control facility; or
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| (3) a permitted pollution control facility requesting | 15 |
| approval to
store, dispose of, transfer or incinerate, for | 16 |
| the first time, any special
or hazardous waste.
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| (Source: P.A. 94-94, eff. 7-1-05; 94-249, eff. 7-19-05; 94-824, | 18 |
| eff. 6-2-06; 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; 95-331, | 19 |
| eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. 8-21-08.)
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| (415 ILCS 5/39.8 new) | 21 |
| Sec. 39.8. Gasification conversion technology | 22 |
| demonstration permit. | 23 |
| (a) The purpose of this Section is to provide for the | 24 |
| permitting and limited testing of gasification conversion | 25 |
| technologies on a pilot scale basis. |
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| (b) For purposes of this Section: | 2 |
| "Gasification conversion technology" or "GCT" means | 3 |
| the process of applying heat to municipal waste, chicken | 4 |
| litter, distillers grain, or switchgrass in order to | 5 |
| convert these materials into a synthetic gas ("syngas") | 6 |
| that meets specifications for use as a fuel for the | 7 |
| generation of electricity. To qualify as a GCT, the process | 8 |
| must not continuously operate at temperatures exceeding an | 9 |
| hourly average of 1,400 degrees Fahrenheit in the gasifier | 10 |
| unit, must not use fossil fuels in the gasifier unit, and | 11 |
| must be designed to produce more energy than it consumes. | 12 |
| "GCTDP" means a gasification conversion technology | 13 |
| demonstration permit issued by the Agency under this | 14 |
| Section. | 15 |
| (c) The Agency may, under the authority of subsection (b) | 16 |
| of Section 9 and subsection (a) of Section 39 of the Act, issue | 17 |
| a GCTDP to an applicant for limited field testing of a GCT in | 18 |
| order to demonstrate that the GCT can reliably produce syngas | 19 |
| meeting specifications for its use as fuel for the generation | 20 |
| of electricity. The GCTDP shall be subject to all of the | 21 |
| following conditions: | 22 |
| (1) The GCTDP shall be for a period not to exceed 180 | 23 |
| consecutive calendar days from the date of issuance of the | 24 |
| permit. | 25 |
| (2) The applicant for a GCTDP must demonstrate that, | 26 |
| during the permit period, the GCT will not emit more than |
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| 500 pounds, in the aggregate, of particulate matter, sulfur | 2 |
| dioxide, organic materials, hydrogen chloride, and heavy | 3 |
| metals. | 4 |
| (3) The applicant for a GCTDP must perform emissions | 5 |
| testing during the permit period, as required by the | 6 |
| Agency, and submit the results of that testing to the | 7 |
| Agency as specified in the GCTDP within 60 days after the | 8 |
| completion of testing. | 9 |
| (4) During the permit period the applicant may not | 10 |
| process more than 10 tons per day, in the aggregate, of | 11 |
| materials in the gasification process. The applicant may | 12 |
| not store on site more than 10 tons, in the aggregate, of | 13 |
| waste and other materials of the types set forth in | 14 |
| subsection (b) of this Section. | 15 |
| (5) In addition to the GCTDP, the applicant must obtain | 16 |
| applicable waste management permits in accordance with | 17 |
| subsection (d) of Section 21 and subsection (a) of Section | 18 |
| 39 before receiving waste at the facility. All waste | 19 |
| received at the facility must be managed in accordance with | 20 |
| the Act, the waste management permits, and applicable | 21 |
| regulations adopted pursuant to Section 22 of the Act. | 22 |
| (6) The applicant must demonstrate that the proposed | 23 |
| project meets the criteria defining a GCT in subsection (b) | 24 |
| of this Section. | 25 |
| (7) The applicant for a GCTDP shall submit application | 26 |
| fees in accordance with subsection (c) of Section 9.12 of |
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| the Act, excluding the fees under subparagraph (B) of | 2 |
| paragraph (2) of subsection (c) of that Section. | 3 |
| (8) A complete application for a GCTDP must be filed in | 4 |
| accordance with this Section and submitted to the Agency | 5 |
| prior to one year from the effective date of this | 6 |
| amendatory Act of the 96th General Assembly. | 7 |
| (9) The GCTDP shall not be granted for use in a | 8 |
| nonattainment area.
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law. |
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